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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
KRISHANSINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. This application for bail under Section 483 BNSS (old Section 439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.328/2024 registered at Police Station Nai Mandi Gharsana, District Anoopgarh, for the offences under Sections 80(2), 85, 238(b) of BNS.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. As per the prosecution, the deceased- Smt. Kiran committed suicide by consuming poisonous substance due to mental harassment caused to her by her husband i.e. the present petitioner in connection with dowry demand.
4. Learned counsel for the petitioner contended that the petitioner has been falsely implicated in the present case. Learned counsel submitted that the deceased committed suicide due to her matrimonial discords with the present petitioner, however, the same was given the colour of dowry demand and dowry death.
5. Drawing attention of the Court towards the statements of material prosecution witnesses the case viz. the complainant- Hardev Singh (PW-1), mother of the deceased- Sarvjeet Kaur (PW-2) and father of the deceased-Ravi Singh (PW-3), learned counsel fo
The court granted bail based on the lack of support from key prosecution witnesses, indicating a weak case against the petitioner.
The absence of mens rea or intention to instigate suicide under Section 306 IPC justifies the grant of bail.
Bail can be granted when allegations are general and the accused's personal circumstances warrant sympathetic consideration.
The court emphasized the necessity of a proximate nexus between dowry-related harassment and the death of the deceased for invoking Section 304B IPC.
The court has the discretion to grant bail to the accused, considering the facts and circumstances of the case, without commenting on the merits of the case.
The court ruled that lack of evidence for intent to instigate suicide justifies granting bail under Section 439 Cr.P.C.
The court emphasized that serious allegations of dowry death and harassment justify the denial of bail, highlighting the need for careful consideration of the gravity of charges.
In a case of dowry death, the accused is entitled to bail if the allegations against him are general in nature and the prosecution has not shown any proximity of harassment with the suicide.
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